EDMUND J. DALY, JR., AS PERSONAL REPRESENTATIVE OF BETTY C. DALY, DECEASED, JEAN C. DALY AND RICHARD DALY, APPELLANTS/CROSS APPELLEES,
v.
OCEAN CLUB OF PALM BEACH SHORES CONDOMINIUM ASSOCIATION, INC., AND OCEAN CLUB OF PALM BEACH SHORES, INC., APPELLEES/CROSS APPELLANTS

Fla. 4th DCA | 1992-05-13
No. 90-1755
ANSTEAD, HERSEY and GARRETT, JJ., concur.
597 So. 2d 975 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. We do not believe any claim of error as to the jury instructions was preserved in the trial court, and we find no abuse of discretion by the trial court with reference to the other claims of error. Our resolution of the main appeal moots the issue raised on cross-appeal.

ANSTEAD, HERSEY and GARRETT, JJ., concur.


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  • Hierro v. State, 608 So. 2d 912 (Fla. 3d DCA 1992)
    …e is a division of authority on whether it is necessary for the trial court to make the “no pardon” and “no post-conviction relief” findings where, as here, the defendant has not asserted either of those affirmative defenses. Compare Banes v. State, 597 So. 2d 975 (Fla. 4th DCA 1992) (question certified); Hodges v. State, 596 So. 2d 481 (Fla. 1st DCA 1992) (question certified), review pending, No. 79,728 (Fla. 1992); and Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1991) (question certified), review pendi…
  • Hill v. State, 602 So. 2d 590 (Fla. 4th DCA 1992)
    …381 (Fla. 4th DCA 1991); Anderson v. State, 592 So. 2d 1119 (Fla. 1st DCA 1992). We also adopt the question certified by the First District Court of Appeal in Anderson, and certify it as one of great public importance as restated in Banes v. State, 597 So. 2d 975 (Fla. 4th DCA 1992). On remand, the trial court may again sentence appellant as a habitual offender provided it makes findings, supported by evidence, as required by section 775.-084(1)(a). See Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988).…
  • Faison v. State, 608 So. 2d 591 (Fla. 4th DCA 1992)
    …the sentence imposed and remand the cause for resentenc-ing, at which time the trial court may again sentence appellant as an habitual offender provided it makes findings, supported by evidence, as required by section 775.-084(l)(a). Banes v. State, 597 So. 2d 975 (Fla. 4th DCA 1992); Meehan v. State, 526 So. 2d 1083 (Fla. 4th DCA 1988). In all other respects the judgment appealed from is affirmed. GUNTHER, J., concurs. STONE, J., concurs specially, with opinion.…

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